Master / Individual / Strata Title
(It is master title, which developer is the land holders)
The term master title relates to a title upon which generally more than one unit of property is constructed. Hence, master title generally refers to a comparatively bigger piece of land and is registered in the name of the developer. In the event that it is not registered in the name of the developer, it might possibly be registered in the name of another proprietor plus the developer has entered right into a joint venture together with the proprietor or perhaps has acquired a specific right from the proprietor to develop the land. Typically the developer may then continue to submit an application for subdivision of the master title and the master title may likely be sub-divided into block titles or even individual titles or strata titles relying on the type of property which in turn has been constructed on the particular land.
Before the existence of Strata Title/ Individual Title, developer will be the land holders in Master Title. Developer has the right to control all the transactions of the land.
After the units are sold out, developer will apply for transfer of ownership of the land. Each unit will have separate Pemilik Tanah according to the owner of the unit. According to government rules, developer must transfer the ownership of land to the house owner within 6 months after CF is approved.
(Separate lease issued to owner of landed property)
An individual title consists of a title which often has been subdivided for a single unit of landed property for instance terrace houses, bungalows, semi-detached houses, shop-houses and factories.
Land holders are the owner of the landed property and this is known as individual title. However, there are some of landed property who share the facilities is consider as Strata Title.
(Separate lease issued to owner of sub-divided property)
Strata title is certainly a sub-divided title simply is actually meant for individual units on high-rise buildings for example apartments, condominiums, flat, service suites, townhouse including shop-offices where the particular developer has applied for strata titles for the different floors and are sold individually floor by floor.
How to know it is Master Title or Individual Title/ Strata Title?
Check if previous S&P indicated it is individual title/ Strata title
Check Geran/Grant, it will be indicated
Check with developer for latest updated
Influence of Master Title or Strata Title/ Individual Title to owner:
Master Title: Developer is the land holder
Individual Title/Strata Title/ : House owner is the land holder
If it is under Master Title, all transaction must be approved by the developer
If the property is under Master Title, but the developer is bankrupted, it is not recommended to buy the property. This is because it is difficult to get the grant and bank loan is hardly approved.
If a 10 years property which is still under Master Title, normally bank will not approved the loan.
It will influence the transaction process time.
If the property is under Master Title, buyer is unable to buy the house using the money in EPF.
Q: If property under Master Title, is transaction allowed?
A: Yes, but it must be approved by developer since developer is the land holder.
Q: Can we sell the unit if transferring of land ownership by developer is in process?
A: It is allowed to do direct transfer if the application of transferring land ownership was sent. The owner does not need reapply for transfer to the buyer. However, if the application is yet send, then direct transfer is not allowed.
Q: Who should do the application of Individual Title/ Master Title?
A: Developer needs to apply with State Government and acknowledge all the units’ owner.
Q: Is that any influence if the unit is under Master Title and owner is staying in the unit?
A: If the owner does not have intention to sell the unit, it doesn’t matter. However, it is still advisable to get the title for protection purposes (in case the developer is bankrupt)
Q: If the unit is under Master Title and developer is bankrupt, should owner inform the buyer?
A: Yes, do not hide it because the buyer will know it sooner or later especially when they apply for bank loan and S&P.
Q: How to get Individual/ Strata Title if the unit is under Master Title while developer is bankrupt.
A: It is very complicated. The owner from each units can set up a committee and collect a fund (bayaran khas tanah), and apply from the state government to get back the land ownership. Owner should pressure the developer to get the Individual Title/ Master Title as soon as possible.
share from : http://u-element.com/2012/10/master-title-individual-title-strata-title/